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Monday, Jul 09, 2007
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Use conservation laws to protect dam: panel

Girish Menon

Wildlife Protection Act allows diversion of water only by permit from Chief Wildlife Warden

In the midst of a row: The Mullaperiyar dam.

THIRUVANANTHAPURAM: The State Government-appointed National Expert Committee on Mullaperiyar Dam has recommended utilising provisions in conservation laws in order to counter Tamil Nadu’s demand for raising the height of the reservoir. The provisions include recent amendments to the Wildlife Protection Act that give legal protection to areas like Periyar sanctuary and tiger reserve.

The committee, in its report, has said that under the amended Section 29 of the Wildlife Protection Act, diversion of water into or outside the sanctuary is possible only by permit from the Chief Wildlife Warden. Such a permit will be granted only if the State Wild Life Advisory Board is satisfied that the diversion will lead to better management of wildlife in the sanctuary.

Tamil Nadu’s case is for diversion of excess water outside the sanctuary area. As the diversion is for a different purpose, it would not be possible for the board to grant such a permit. Section 29 will continue to govern water flow within the sanctuary even though it is yet to become a notified national park, the committee said. “The expert team strongly recommends adherence to the provision of this Act in its entirety,” the report said.

The Water Resources Department had appointed the National Committee, comprising Dhrubajyoti Ghosh, Regional Vice-chairman (South Asia), Commission on Ecosystem Management, IUCN, as chairman and H.S.A Yahya, Professor, Department of Wildlife Sciences, Aligarh Muslim University, and Saroj Kumar Patnaik, former Orissa Additional Principal Chief Conservator of Forests, as members on March 3 this year to assess the ecological impact of water level increase in Mullaperiyar Dam. The State Government is now studying the implication of the committee’s recommendation.

The National Expert Committee said the State Government needed to examine Section 29 in the context of the Periyar catchment coming under protected area. The core area of 350 sq. km. has been designated as a tiger and elephant reserve. It is also a forest according to the interpretation of the Supreme Court in the Godavarman Vs Union of India case.

The committee also wanted the State Government to examine a 2006 amendment to the Wildlife Protection Act that provides Tiger Reserves a legal status. The amended sub-section 38 (O) (1) (b) prohibits diversion of tiger reserves and areas linking two reserves for ecologically unsustainable uses, except with the approval of the National Board for Wildlife and the Tiger Conservation Authority.

Another section, Sub-section 38 (O) (2) makes it mandatory to comply with the directions of the Tiger Conservation Authority.

“It needs to be examined if the proposal including construction related activity requires the Tiger Conservation Authority’s permission. The authority may also need to consider that increasing the water level from 136 ft to 142 ft and later to 152 ft will affect the ecology. The use of land in the tiger reserve as a reservoir is not in any way useful for the habitat of the tiger but in fact is ecologically unsustainable land use,” the committee observed.

According to the Forest Conservation Act 1980, no forest land can be used for non-forestry purposes without prior concurrence of the Central Government.

The activities involved in the engineering structure would certainly need conversion of forest land. “This process becomes difficult when the area in question forms a part of any protected area. The provisions of Section 38 (W) (1) and (2) of the Wildlife Conservation Act should be read along with the Forest Conservation Act, 1980. The State Government would have to consider the issue of habitat damage that the rise in water level was likely to cause to a tiger reserve.

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